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From° Kathleen Rainbolt<kathleenrainbolt @mac.com>
Subject;
Date: October 17, 2010 9:11:12 AM PDT '
Good Afternoon.
My name is Kathi Rainbolt, I am a third generation San Bernardino Resident . I grew up waking up to the Santa Fe whistle, the
fragrance of the orange blossoms in the spring, spent time in our local mountains in the winter, and vacationed in Newport
Beach in the summer, rode horseback, in our local washes in the fall. My husband, Bill and I have lived in the same home
for over 30 years, raised our family here. Both of our parents established family owned businesses that they ran for decades.
My own father still runs our family owned business,which celebrated it 77th anniversary this year. My father still turns the key to
open for business each and everyday. Our son has dedicated his life and career in education (as did my husband) and puts
his students as a top priority. Our San Bernardino Roots run deep............
I am here today to speak about the property at 3171 Valencia.
I simply want to read the a-mails that I have sent to Councilwoman McCammack, and then will give a brief overview,of my
experience with the city.
Before I begin I have one request.... Please afford me the courtesy of decorum, without bickering or banter or finger pointing.....
the people of the city deserve it.
September 27,2010
Attention: Mrs. McCammack
I want to thank you for taking the time and speaking with me, last week, regarding the property and 3171 Valencia. I was
frustrated, tired, and upset. I became angrier with each unreturned phone call and misinformation from all of the various
departments, I was"told"to call. As I am sure, you are aware, somebody was out to the property on Friday, actually,
"DOING SOMETHING"!!!!M, so as I promised, my homemade sign came down.
My husband, Bill and I have lived in our home on Val Mar for over 30 years. I am so past"saving" all the property..........
trying to maintain just the portion that butts up to our home since March, 2010. Maintaining my gardens and my property
along with the 3171 property have proven to much for me. I am determined about the eucalyptus trees, and will tell you why....
they are majestic in my view and decades old. These are the trees my boys grew up with, played golf by with their Dad,
collected seed pods from, saw the hummingbird and western bluebird nests in the spring and the turkey vultures roosting
each year as they migrated through, collected their leaves for their smell, kept away the fleas from the dog bedding, and made
that beautiful corridor up Valencia for the stunning views from our local mountains and mountaintop restaurants. Am I asking
too much? or, has the world just gone to hell and nobody cares anymore.........somebody give me a clue?? Shame on my
neighbors who have NOT called, shame on the city officials who live, play golf, walk, bicycle by that property for MONTHS
and have done NOTHING!!!!
In case you are not aware, my husband and I are the ones that started the western bluebird trail on Peppertree Lane in 2001.
We did this in honor and memory of our grandson, Bailey, who died just short of his 3rd birthday. Our trail expands to the
neighbors around us, and that included 3171 Valencia. We managed to see 68 juvenile western bluebird births this past
season. We will continue our efforts of maintaining and monitoring our trail for as long as we are here..... and have dedicated
ourselves in "perserving"our neighborhood and its wildlife (especially, the western bluebird). I may have quit in coiling up
2 hoses and dragging them in 3 digit temperatures to save the back of the property, but 1 want to go on notice..... I will do
whatever it takes to save those majestic trees and the habitat that thrives in them.
I hope you will enjoy"some"of the photos I have taken from 3171 Valencia this past year, it should undoubtedly, pull at
anyones heartstrings.
Sincerely, (and determined)
Kathi Rainbolt
(909) 883-6921
September 30,2010
Thank you,for responding to my e-mail. I met up with Mr. Stone,yesterday, at 3171 and he updated me on the progress on the
property. We have stopped counting the"potential buyers"for that property,that have come to our door inquiring,for months
now. 1 feel like the end of the line when it comes to"passing the buck" to potential"new neighbors"for lack of information.
The only thing I know for SURE, is that I do not want to cause any embarrassment to my former neighbors and that the trees
be saved.
Bill and I extend an open invitation to our home, at anytime, do not hesitate to call me if you need a few minutes of retreat.... I
serve okay wine and great iced-tea.
Bluebird Kisses
Kathi (909) 883-6921
In closing:
1 made a comment to my husband, about three weeks ago,that 1 wondered how long it would be before the"B"word was
spoken. "The Bark Beetle". Please do not insult my intelligence by using the"B"word today. It doesn't take an arborist,
a district attorney investigator, a code enforcement officer, a park and rec employee, a councilperson, police officer, a tree
trimmer,a parolee doing weed abatement, a hall of records clerk,a citizen, a neighbor, a jogger, a bicyclist or a golfer,to
recognize that if you are 100 years old and you haven't had a drink of water since March of 2010, you are going to get a
"BUG" and die.
I want each of you to know,that it takes between 65-70 years before a eucalyptus tree matures. My husband and I certainly
will
not see the new ones mature, nor our children, and perhaps not our older grandchildren. I implore each and everyone of you
to STOP the in-fighting, STOP the finger pointing, STOP the arguing, STOP bickering. "DO SOMETHING........... get back to
the basics, as if you were learning the ABC's for the first time and TURN ON THE WATER!!!!
Entered Into Rec, at MCC/CDC Mtg: v ra/i
A 9 end tear► fro: -31 LL
by: �. G��•,l`�
City Cler CDC Secretary
Charter Cities: A Quick Summary for the Press and R &6Wpjernarduro
The following summary was drafted by the League of California Cities'legal
staff, in an attempt to give the press and research communities a primer on
some frequently asked questions regarding charter cities.
Charter Cities vs. General Law Cities—The Basics
The California Constitution gives cities the power to become charter cities.' The benefit of
becoming a charter city is that charter cities have supreme authority over"municipal affairs."2 In
other words, a charter city's law concerning a municipal affair will trump a state law governing the
same topic.3
Cities that have not adopted a charter are general law cities. General law cities are bound by the
state's general law, even with respect to municipal affairs. Of California's 478 cities, 108 of them
are charter cities.
The charter city provision of the State Constitution, commonly referred to as the "home-rule"
provision, is based on the principle that a city, rather than the state, is in the best position to know
what it needs and how to satisfy those needs.4 The home-rule provision allows charter cities to
conduct their own business and control their own affairs.5 A charter maximizes local control.
A city charter, in effect a city's constitution, need not set out every municipal affair the city would
like to govern. So long as the charter contains a declaration that the city intends to avail itself of
the full power provided by the California Constitution, any city ordinance that regulates a municipal
affair will govern over a general law of the states
Defining `Municipal Affairs'
Determining what is and is not a "municipal affair" is not always straightforward. The California
Constitution does not define"municipal affair." It does, however, set out a nonexclusive list of four
"core" categories that are, by definition, municipal affairs.'
These categories are 1) regulation of the"city police force"; 2)"subgovernment in all or part of a
city"; 3) "conduct of city elections"; and 4)"the manner in which . . . municipal officers [are]
elected."8 Beyond this list, it is up to the courts to determine what is and is not a municipal affair.
To determine if a matter is a municipal affair, a court will ask whether there are good reasons,
grounded on statewide interests, for the state law to preempt a local law.9 In other words, courts
' Cal.Const.art.Xl,§3(a).
2 Cal.Const.art.XI,§5(a).
3 Johnson v.Bradley,4 Cal.4th 389,399(1992).
4 Fragley v.Phelan, 126 Cal.383,387(1899).
5 Id.
6 There are some exceptions to this rule. For example,a charter city is bound by the Public Contract Code unless the
city's charter expressly exempts the city from the Code's provisions or a city ordinance conflicts with a provision in the
Code. See Cal. Pub.Cont.Code§ 1100.7.
Cal.Const.art.XI,§5(b);Johnson,4 Cal.4th at 398.
8 Cal.Const.art.XI,§5(b).
9 Johnson,4 Cal.4th at 405.
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i
will ask whether there is a need for"paramount state control" in the particular area of law.10 The
Legislature's intent when enacting a specific law is not determinative."
The concept of"municipal affairs" is fluid and may change over time.12 Issues that are municipal
affairs today could become areas of statewide concern in the future.13 Nonetheless, there are
some areas that courts have consistently classified as municipal affairs. These include:
• Municipal election matters 14
• Land use and zoning decisions (with some exceptions)15
• How a city spends its tax dollars 16
• Municipal contracts, provided the charter or a city ordinance exempts the city from the
Public Contract Code, and the subject matter of the bid constitutes a municipal affair.17
Thus, a charter may exempt a city from the State's competitive bidding statutes.
Likewise, there are some areas that courts have consistently classified as areas of statewide
concern, including:
• Traffic and vehicle regulation 18
• Tort claims against a governmental entity19
• Regulation of school systems20
How to Become a Charter City
To become a charter city, a city must adopt a charter. There are two ways to adopt a charter:
• The city's voters elect a charter commission.21 The commission has the responsibility of
drafting and debating the charter.
• The governing board of the city, on its own motion, drafts the charter.22
In either case, the charter is not adopted by the city until it is ratified by a majority vote of the city's
voters.2s
For more information about charter cities, please visit the "Charter Cities"section of the League's
Web site at http:/iwww.cacities.org/chartercities.
10 Id.at 400.
11 Id.at 405.
12 Cal.Fed. Savings&Loan Assn v. City of Los Angeles,54 Cal.3d 1, 16(1991);Isaac v. City of Los Angeles,66 Cal.
App.4th 586,599(1998).
13 Isaac,66 Cal.App.4th at 599.
14 Mackey v. Thiel,262 Cal.App.2d 362,365(1968).
15 See Brougher v. Bd.of Pub. Works,205 Cal.426,440(1928).
16 Johnson,4 Cal.4th at 407.
t7 Pub.Cont. Code§1100.7;R&A Vending Services, Inc. v. City of Los Angeles, 172 Cal.App.3d 1188, 1191 (1985);
Howard Contracting, Inc. v. G.A. MacDonald Constr. Co.,71 Cal.App.4th 38,51 (1998).
18 Cal.Veh.Code§21.
19 Helbach v. City of Long Beach,50 Cal.App.2d 242,247(1942).
20 Whisman v. San Francisco Unified Sch. Dist.,86 Cal.App.3d 782,789(1978).
21 Cal.Gov't Code§34451.
22 Cal.Gov't Code§34458.
23 Cal.Gov't Code§§34457,34462.